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  • Writer's pictureRandy Shaffer

Hemp Is Now Legal In The U.S., Is The Ban on CBD In Ohio Lifted?

Big news this week! On December 12, 2018, lawmakers overwhelmingly passed The Farm Bill, a piece of legislation that provides agriculture programs, aid and other services to communities throughout the United States, including food stamps for low income families, and financial aide for farmers.

The Farm Bill saw many months of deliberation as Republicans and Democrats debated program rules, including stronger restrictions for low income families on food stamps. Ultimately, they were able to reach a deal that did not include the harsher restrictions the Trump administration had originally sought.

Oh, also ... the Farm Bill legalized hemp!

Hemp is legal in the United States

Yes, you read that right. The Farm Bill has legalized hemp throughout the United States. This does not mean that cannabis is legal in the U.S.. Rather, simply hemp, and hemp-related products, are now considered legal. Hemp does not contain the psychoactive ingredient, THC, which is required to create a euphoric state in patients. Hemp does, however, have CBD, which can be used for a variety of holistic and medicinal purposes.

With a dynamic show of bipartisan support that so often fails to happen during these tribal political times, both the House and the Senate passed the bill. After much debate and deliberation, the House passed the bill with 369 votes for the bill, 47 against -- a stunning show of bipartisan support, especially for the often heated political nature of the House. In the senate, the bill passed 87-13, an equally stunning display of nearly unanimous bipartisan support.

"This is what happens when the Congress works in a bipartisan, bicameral fashion," Senate Agriculture Committee Chairman Pat Roberts (R-Kansas) said in a statement before the vote. "It's a good bill that accomplishes what we set out to do: provide certainty and predictability for farmers and families in rural communities."

Donald Trump is expected to sign the bill early next week, which will pave the way for the hemp industry to get rolling. Farmers are hoping to begin hemp production in 2019.

Is Ohio's ban on CBD products still in effect?

With hemp being legal, this means that hemp-derived products, like CBD oils, tinctures and edibles, should also be legal in all 50 states, despite any previous bans.

Clothing, paper and other products should also be legal, paving the way for an entirely new textile industry throughout the United States. The paper industry could also see serious change ... something we desperately need as we may one day run out of trees.

So does this new law overrule Ohio's ban on CBD and CBD-related products? Technically, yes. Federal law supersedes state rules, or laws, and all hemp products should become legal to sell, transport, use and purchase.

That all being said, it is possible that Ohio will drag their feet when it comes to implementing this new law; it may also ultimately result in a few legal challenges over the next year or two. Ohio may also chose to write a law that would specifically keeps hemp products legal, while banning the sale of CBD in Ohio. This would also likely result in a legal challenge from either lawmakers or CBD businesses.

Is CBD purchased in a head shop different from CBD purchased in a dispensary?

Absolutely! CBD purchased from holistic stores, health food stores, coffee shops, head shops and even grocery stores contains CBD derived from industrial hemp sources. Usually, these hemp sources are imported from countries where hemp is already legal. The hemp is then processed and converted into CBD products, from edibles to lotions and oils.

CBD produced from hemp does not contain a functional amount of THC (usually less than 1%), the psychoactive ingredient that causes a euphoric effect in the user. Rather, CBD provides a relaxed state of mind that softens muscles, relieves pain and produces a calming sensation that aides in the relief of anxiety, depression, PTSD and insomnia.

Patients do not need a medical marijuana card in order to buy, use and possess CBD products derived from hemp. However, because hemp-derived products are FAR less regulated than medical marijuana, effectiveness and potency can vary between brands, so buyer beware. Do your research before buying any CBD products not purchased in an authorized Ohio medical marijuana dispensary.

CBD products purchased in Ohio medical marijuana dispensaries will be tested for purity and potency, so patients get the strongest, best product they can, with as little pesticides and other chemicals added. Dispensary-purchased CBD may also contain both THC and CBD, so patients can receive the benefits of both chemical compounds.

It is HIGHLY RECOMMENDED that if you are a patient seeking CBD to treat a specific ailment (like seizures or childhood epilepsy, for example), you should get your medical marijuana (or caregiver) card so you have access to best quality CBD in the state.


Ohio Marijuana Card has launched a brand-new informational podcast where we discuss Ohio medical marijuana news and updates. Give the first episode a watch by clicking here, or view the video below:

If you think you qualify for medical marijuana, click here to learn more about what Ohio Marijuana Card's state-certified medical marijuana doctors can do for you, or give us a call at 1-866-457-5559 and our friendly support team can walk you through the entire process, and set you up with an appointment.

Also, be sure to get your tickets for Ohio Marijuana Expo: Cleveland. Tickets are on sale now. Take advantage of our early bird special and save!


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